Asbestos Litigation Cases - Individual Versus Class Action
In some cases, plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits may provide more compensation for mesothelioma or other asbestos-related diseases.
Scientists have proven that exposure to asbestos can lead to lung disease and damage. It could take a long time for mesothelioma sufferers to develop the disease because of its 40-50 year latency period.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. The federal and state courts began processing asbestos cases in the 1970s, after medical research connected asbestos exposure to diseases like mesothelioma and lung cancer.
Many companies that mined, manufactured and supplied asbestos products knew of the dangers but omitted or hid from these risks. As a result, many asbestos companies filed for bankruptcy under the weight of lawsuits brought by the families of victims. The majority of companies that filed for bankruptcy set up asbestos trust funds to pay compensation to victims.
While the majority of asbestos-related claims are settled out of court, a tiny amount of cases go to trial. In these cases, judges tend to be skeptical of the defendants' arguments. They will often give large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the trial process and secured significant verdicts for mesothelioma victims.
The complex nature of asbestos lawsuits is what makes it difficult to win. In a lawsuit for asbestos, plaintiffs must prove their illness is caused directly by a company's exposure to the hazardous substance. This requires a complete database that includes the names of workers, their workplaces as well as their employer's names, the products they used, their suppliers and vendors. This process can take many years, particularly if the victim's employment history is complex. It could involve a thorough interview with coworkers or family members and abatement workers, as well as suppliers, and other parties that could potentially be responsible.
The evidence in an asbestos case requires expert witness testimony to back claims of asbestos-related illness. Expert witnesses are typically physicians who have received training in the pathology and diagnosis of asbestos-related diseases, and have analyzed the medical records of patients. This is particularly important for mesothelioma cases, which is a difficult disease to detect.
Defendants can also try to discredit experts through their credentials or background. In recent years defendants have challenged the scientific consensus that mesothelioma can be caused by asbestos.
The First Case
Asbestos claims differ from other personal injury claims. The lawsuits concern a rare illness that's caused by breathing in the microscopic fibers and subsequently developing mesothelioma, or another asbestos-related disease. These types of injuries are often caused by exposure at certain workplaces, including power plants, shipyards and construction projects.
In contrast to other types of civil litigation asbestos lawsuits are filed on a class-wide basis, rather than separately. This allows the victims and their families to file a single suit against multiple defendants and receive compensation from multiple sources of funds, resulting in lower legal fees.
The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos while working on a British ship. The victim developed mesothelioma as a result of asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients like the Royal Navy.
A dock worker filed a lawsuit in the early 1990s after suffering from mesothelioma after exposure to asbestos emitted by the factories in which he worked. The victim's widow filed a lawsuit against five companies, including Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs and other industrial processes.
Other cases began to follow. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers liable (Borel v. Fibreboard) for any injuries to workers. The decision led to an increase in asbestos-related lawsuits. As well, asbestos manufacturers were notified that they could be sued for their products.
Lawyers representing plaintiffs in a lawsuit that involves asbestos must be aware of the complicated chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses, and identifying potential defendants. It also involves making sure that the lawsuit is compliant with federal and state laws. regulations pertaining to asbestos litigation, such as the ones that govern asbestos discovery procedures.
The most important step is to find an attorney with experience in mesothelioma. A reputable law firm will provide a no-cost consultation and will review the medical records of the client related to asbestos to determine eligibility for a asbestos lawsuit.
The Second Case
Asbestos victims have won significant settlements in court. These awards are typically greater than the settlements offered by asbestos trust funds or mesothelioma. Asbestos victims have been awarded compensation for various reasons, including physical and psychological injuries caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to develop lung diseases and lung damage than those who do not work with asbestos.
In the end, many law firms with extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. This allowed firms to earn money and be recognized for their skills. However, this strategy did not serve mesothelioma sufferers well. Many of these firms took on more cases than they could handle and didn't offer the appropriate medical support and representation that mesothelioma patients need.
Insurance companies and defendants have also employed other strategies in order to combat asbestos claims. For example, argued that asbestos victims must prove that the asbestos they were exposed was responsible for their illness. This was a direct attack on the concept of joint-and-several liability, which allows a plaintiff to be held liable for all damages resulting from exposure to asbestos by multiple defendants.
This idea was met with a fierce restraining from mesothelioma sufferers as well as their lawyers, who argued that it was unfair for asbestos sufferers to have to prove the cause of their condition in order to claim damages. Additionally, it would hinder patients from submitting claims to legal firms that are reputable and force them to settle their case with less than what they are entitled to.
In the end, the House of Lords sided with the victims, and rejected the insurers' arguments. However, this ruling did not affect the huge sums of money given to asbestos victims by the insurance industry. This is why it is essential to select an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos claims than any other law firm. We also played a role in the first asbestos compensation case to court in 1972.
The Third Case
Asbestos lawsuits differ from most toxic tort suits because they cause serious injuries that have forever changed the lives of those who were exposed to a dangerous carcinogen. Mesothelioma affects tissues that surround internal organs, like the lung. The cancer can also spread to the abdominal cavity as well as the chest wall, heart and even the brain. Since the disease can take years to manifest, victims have to live knowing that their condition is terminal. Many who have been affected by asbestos have endured many financial burdens, since they were forced to sell their homes and pay medical bills and make other expensive changes to their lives.
In recent years, however many families of mesothelioma victims have decided to sue manufacturers and suppliers of asbestos products. The law allows compensation to be sought even if a company has filed for bankruptcy.
Many of these companies have been forced to close and retire after paying billions of dollars in settlements to asbestos victims. But there are still plenty of plaintiffs who wish to sue those who remain. The number of asbestos lawsuits has actually increased.
Appleton asbestos lawyers are being used to benefit certain attorneys and their clients. A New York City judge recently changed a rule that was in place for a long time against punitive damages in relation to mesothelioma cases. This was done on the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.
This was only one instance, but it attracted the attention of many. Many believe that the case is an indication of the fraudulent practices that are commonplace in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the links between trial lawyers and politicians, which could help bring some balance back to the system.
You should seek legal representation immediately if diagnosed with mesothelioma or another asbestos-related illness. The most reputable mesothelioma attorneys will offer a free consultation to discuss your case with you and determine the best strategy for you. Asbestos claims can take several months to be processed, so you need a lawyer who understands the complexities of the case and the best way to achieve results.